Wisconsin Statutes
Wis. Stat. § 765.21 (2026)
Unlawful marriages void; validation
✓ current as of July 2026
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765.21765.21 Unlawful marriages void; validation. All marriages hereafter contracted in violation of ss. 765.02, 765.03, 765.04 and 765.16 shall be void, except as provided in ss. 765.22 and 765.23. The parties to any such marriage may validate the marriage by complying with the requirements of ss. 765.02 to 765.24 as follows:
765.21(2)(2) No earlier than 6 months after the divorce judgment is granted, if the marriage is declared void under s. 765.03 (2).
Notes of Decisions
Cited in 4
cases, 1987–2013 · leading case: Patricia Mudlaff v. Joseph McLeod, 2013 WI 76 (Wis. 2013).
Patricia Mudlaff v. Joseph McLeod, 2013 WI 76 (Wis. 2013). “y a party, a parent or guardian, or a legal representative: (a) A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of age, because of mental incapacity or infirmity or because of the influence of alcohol, drugs, or other…”
Watts v. Watts, 405 N.W.2d 305 (Wis. 1987). “10 The statutory prohibition of marriages which do not conform to statutory requirements, sec. 765.21, Stats. 1985-86, 11 further suggests that the legislature intended that the Family Code applies, for the most part, to those couples who have been joined in marriage according…”
In Re Marriage of Meyer v. Meyer, 2000 WI 132 (Wis. 2000). “Wis. Stat. § 765.21 . Common law marriages were abolished in 1917.”
Sinai Samaritan Med. Ctr., Inc. v. McCabe, 541 N.W.2d 190 (Wis. Ct. App. 1995). “3 Morgan McCabe contends that the declaration in § 765.21, STATS., that marriages contracted in violation of, inter alia, § 765.”
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